Federal Government Appeals Ruling Mandating Action on ‘Shocking’ Number of Unfilled Judicial Positions
The federal government is disputing a court decision that ordered it to increase the pace of judicial appointments to address a significant number of vacancies.
In its appeal notice, the government argues that the Federal Court exceeded its constitutional limits and made decisions beyond its jurisdiction.
In a ruling in February, Federal Court Justice Henry Brown stated that constitutionally, Ottawa should appoint a new judge promptly after a vacancy arises.
The government’s appeal notice claims that Justice Brown was wrong in recognizing a constitutional convention that does not actually exist.
The notice also mentions that the court substituted its own judgment on the timeliness of federal judicial appointments instead of deferring to the executive branch.
The government is requesting the Federal Court of Appeal to overturn the judgment and reject the initial application made by a human-rights lawyer from Ottawa.